Thesus Williams v. The State of Texas--Appeal from 187th Judicial District Court of Bexar County (Majority)

State: Texas

Court: Texas Northern District Court

Docket No: 04-11-00179-CR

Case Date: 12/07/2011

Plaintiff: Thesus Williams

Defendant: The State of Texas--Appeal from 187th Judicial District Court of Bexar County (Majority)

Preview:OPINION
No. 04-11-00179-CR Thesus WILLIAMS, Appellant v. The STATE of Texas, Appellee From the 187th Judicial District Court, Bexar County, Texas Trial Court No. 2008CR5905 Honorable Raymond Angelini, Judge Presiding Opinion by: Sitting: Sandee Bryan Marion, Justice Sandee Bryan Marion, Justice Phylis J. Speedlin, Justice Marialyn Barnard, Justice

Delivered and Filed: December 7, 2011 AFFIRMED A jury found appellant, Thesus Williams, guilty of aggravated sexual assault of a child and the court assessed punishment at fifty-five years' confinement. In a single issue on appeal, appellant asserts the trial court erred by admitting the complainant's testimony that he showed her a computer clip of two naked people immediately before he sexually assaulted her. The complainant, E.P., is appellant's daughter, and she was twelve years old at the time of trial when

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she testified about the sexual assault that occurred several years earlier. We conclude the court did not err and affirm the trial court's judgment. DISCUSSION Appellant argues the admission of the evidence violates both Texas Rule of Evidence 404(b) and Texas Code of Criminal Procedure article 38.37. Rule 404(b) precludes "evidence of other crimes, wrongs or acts to prove the character of a person in order to show action in conformity therewith." TEX. R. EVID. 404(b). Such evidence is admissible, however, "for other purposes, such as proof of motive, opportunity, intent, preparation, plan, knowledge, identity, or absence of mistake or accident . . . ." Id. Article 38.37 provides that, notwithstanding Rule 404, "evidence of other crimes, wrongs, or acts committed by the defendant against the child who is the victim of the alleged offense shall be admitted for its bearing on relevant matters, including: (1) the state of mind of the defendant and the child; and (2) the previous and subsequent relationship between the defendant and the child." TEX. CODE CRIM. PROC. ANN. art. 38.37,

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